Author Archives: Paul Lamoureux

Where (1) an employer was ordered by the Department of Industrial Accidents to make the employee a single lump sum payment under G.L.c. 152, §28 and (2) that decision is on appeal, I hold that the employee cannot presently enforce ...

The Appeals Court has affirmed, pursuant to Rule 1:28, judgments in the following cases. Although the decisions do not appear to address any substantive issues of law, the full text of each decision may be ordered using the appropriate “Lawyers ...

Where the defendant planning board denied the plaintiff’s “approval not required” plan, the board erred and its decision must be vacated and the plan approved. “[T]he ANR Plan shows a three-lot division of land in which two meet the dimensional ...

Where a defendant has been convicted of unlawful possession of a firearm, that conviction must be reversed because a ballistics certificate was introduced into evidence in violation of Melendez-Diaz v. Massachusetts, 129 S. Ct. 2527 (2009), and such error was ...

Where a wife has appealed from a divorce judgment, we conclude that the judgment should in large part be affirmed but that the portion of the judgment regarding the division of marital property was based on an erroneous finding and ...

Where a defendant has appealed his convictions as a joint venturer of assault and battery, armed robbery while masked and assault by means of a dangerous weapon, we hold that his appeal must fail because no merit exists to his ...

Where a Land Court judge revoked a building permit and found the subject property to be an invalid building lot, the judge acted permissibly and his judgments will be affirmed. Background “Hearing a zoning enforcement appeal, filed by Frances K. ...

Where a judge granted a defendant summary judgment on the plaintiff’s claims under G.L.c. 90, §34M and G.L.c. 93A, §11, this was error as genuine issues of material fact remained in dispute. Summary judgment for defendant vacated; case remanded. ...

Where an employee has appealed from a decision denying her claim for permanent loss of function benefits, we hold that her appeal must fail because no merit exists to her allegations that the judge erred as a matter of law ...

Where a defendant has moved to suppress a gun and other evidence found as the result of a warrantless search of his person and backpack, I hold that the motion should be denied, as both the initial stop of the ...